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12 I Why Ireland? A guide to doing business in Ireland I ByrneWallaceemployee’s request, in respect of theemployee’s contribution to the PRSA.There is no obligation on the employerto contribute to such PRSA.Where an employer wishes to extendadditional benefits to its employees inthe form of bonus schemes, health/lifeinsurance and share option schemes,this should also be dealt with by way ofcontract.Protection of the Employer’s Interests:Where an employer is concerned toprotect its business and goodwill inthe event that key personnel decide toleave their employment, a restraint oftrade/non solicitation clause should beincluded in the employment contract.Caution must be exercised in thedrafting of such clauses however as theCourts will only uphold such clausesinsofar as they are necessary to protectthe legitimate business interests ofthe employer. Our employment lawteam has a wealth of experience in thedrafting of contracts of employment,workplace handbooks, policies andprocedures and will be happy toadvise you on any of your draftingrequirements.Post-EmploymentData Protection and Retention ofRecords:Following the termination ofemployment, employers are obligedto retain certain personnel records ofthe departed employee for a specifiedperiod of time. Any information whichis collected, processed and/or retainedby or on behalf of an employer onits employees is protected by DataProtection legislation and employersmust ensure that it is held in a safeand secure manner and processed incompliance with the Data ProtectionActs.Aggrieved Employees:The termination of an employmentrelationship may be amicable oracrimonious. A plethora of fora isavailable to an aggrieved former, andat times existing, employee under Irishlaw, including the Rights CommissionerService, the Equality Tribunal, theLabour Court, the Employment AppealsTribunal as well the Courts systemitself. Generally speaking, the keysto ensuring a secure defence againstsuch actions are workplace policies andprocedures which have been properlydrafted, fully implemented and correctlyutilised by the employer.At ByrneWallace, we have extensiveexperience in advising and representingclients at all levels of litigation. Wecan also offer advice in relation toalternative dispute resolution and thevarious mechanisms which may beutilised to settle disputes where partieswish to avoid contentious litigation.OTHER ISSUESEqualityEmployment in Ireland is subject toequality legislation and discriminationon the grounds of age, gender,disability, race, religious belief, sexualorientation, marital status, family statusor status as a member of the Travellercommunity is prohibited throughout allstages of the employment relationship.Trade Unions and Industrial RelationsWhile the Irish Constitution enshrinesthe right of the employee to join atrade union, there is no correspondingobligation on an employer under Irishlaw to recognise that trade union, savein very specific circumstances where ithas either been the established practiceof the employer to recognise a tradeunion or where a business transferhas occurred which falls within theremit of the European Communities(Protection of Employees on Transfer ofUndertakings) Regulations 2003.In a non-unionised workforce, it isrecommended that some mechanism isput into place to facilitate the resolutionof disputes directly between employerand employees. Either party to adispute may request the assistance ofthe Labour Court which may provideguidance on the matter as well as offervarious services including mediationand conciliation. Depending on thesize of the workforce, employers maybe obliged to consult with, and inform,employees about various issues whichmay impact on their employment.At ByrneWallace, our employmentpartners possess expertise in the areasof equality law and industrial relationslaw and can offer proactive and practicaladvice in these areas to any entityconsidering the establishment of anoperation in Ireland.